should i travel back to us before April 1st to apply new H1B

[deter_dangler]

Hi Everyone,

 

I am on OPT status and need to attend a wedding on March 28th 2012 in India. My consultant says that i should be here before April 1st so that i will have the latest I94 to apply for H1B.

 

1) Is it true that I94 is needed to apply for H1B for person who is already in U.S.?

2) Is it true that i should travel back to U.S. before April 1st so that i have latest I94 and which is needed for filing new H1B

3) Can i return to U.S. on April 4th and file H1B with old I94?

 

Thanks in Advance.

[jairichi]

Hi Everyone,

 

I am on OPT status and need to attend a wedding on March 28th 2012 in India. My consultant says that i should be here before April 1st so that i will have the latest I94 to apply for H1B.

 

1) Is it true that I94 is needed to apply for H1B for person who is already in U.S.?

2) Is it true that i should travel back to U.S. before April 1st so that i have latest I94 and which is needed for filing new H1B

3) Can i return to U.S. on April 4th and file H1B with old I94?

 

Thanks in Advance.

If your employer is applying with COS from F1 to H1B then you need to be in US at the time of H1B filing. 

[rahul412]

 

1) Is it true that I94 is needed to apply for H1B for person who is already in U.S.?

2) Is it true that i should travel back to U.S. before April 1st so that i have latest I94 and which is needed for filing new H1B

3) Can i return to U.S. on April 4th and file H1B with old I94?

1. Yes

2. Yes.

3. If you file your H1 with your old I94, you might get into trouble for mismatch in the I94 number and your COS might be rejected. It's always suggested not to travel when your H1 is under process.

[pontevecchio]

The I94 number is not at all relevant. If you want to file with COS and retain the cap gap and also file as early as possible you need to be here before April,1. If you are not that keen on a COS and would rather get the H1 visa at the appropriate time it does not matter. Again the I94 number is totally irrelevant.